justice for all act of 2004 · public law 108–405—oct. 30, 2004 118 stat. 2263 new trial. a...

PUBLIC LAW 108–405—OCT. 30, 2004

JUSTICE FOR ALL ACT OF 2004

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118 STAT. 2260 PUBLIC LAW 108–405—OCT. 30, 2004

Public Law 108–405108th Congress

An ActTo protect crime victims’ rights, to eliminate the substantial backlog of DNA samples

collected from crime scenes and convicted offenders, to improve and expand theDNA testing capacity of Federal, State, and local crime laboratories, to increaseresearch and development of new DNA testing technologies, to develop new train-ing programs regarding the collection and use of DNA evidence, to provide post-conviction testing of DNA evidence to exonerate the innocent, to improve theperformance of counsel in State capital cases, and for other purposes.

Be it enacted by the Senate and House of Representatives ofthe United States of America in Congress assembled,SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Justice forAll Act of 2004’’.

(b) TABLE OF CONTENTS.—The table of contents for this Actis as follows:Sec. 1. Short title; table of contents.

TITLE I—SCOTT CAMPBELL, STEPHANIE ROPER, WENDY PRESTON,LOUARNA GILLIS, AND NILA LYNN CRIME VICTIMS’ RIGHTS ACT

Sec. 101. Short title.Sec. 102. Crime victims’ rights.Sec. 103. Increased resources for enforcement of crime victims’ rights.Sec. 104. Reports.

TITLE II—DEBBIE SMITH ACT OF 2004Sec. 201. Short title.Sec. 202. Debbie Smith DNA Backlog Grant Program.Sec. 203. Expansion of Combined DNA Index System.Sec. 204. Tolling of statute of limitations.Sec. 205. Legal assistance for victims of violence.Sec. 206. Ensuring private laboratory assistance in eliminating DNA backlog.

TITLE III—DNA SEXUAL ASSAULT JUSTICE ACT OF 2004Sec. 301. Short title.Sec. 302. Ensuring public crime laboratory compliance with Federal standards.Sec. 303. DNA training and education for law enforcement, correctional personnel,

and court officers.Sec. 304. Sexual assault forensic exam program grants.Sec. 305. DNA research and development.Sec. 306. National Forensic Science Commission.Sec. 307. FBI DNA programs.Sec. 308. DNA identification of missing persons.Sec. 309. Enhanced criminal penalties for unauthorized disclosure or use of DNA

information.Sec. 310. Tribal coalition grants.Sec. 311. Expansion of Paul Coverdell Forensic Sciences Improvement Grant Pro-

gram.Sec. 312. Report to Congress.

TITLE IV—INNOCENCE PROTECTION ACT OF 2004Sec. 401. Short title.

42 USC 13701note.

Justice for AllAct of 2004.

Oct. 30, 2004[H.R. 5107]


118 STAT. 2261PUBLIC LAW 108–405—OCT. 30, 2004

Subtitle A—Exonerating the innocent through DNA testingSec. 411. Federal post-conviction DNA testing.Sec. 412. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program.Sec. 413. Incentive grants to States to ensure consideration of claims of actual in-

nocence.

Subtitle B—Improving the quality of representation in State capital casesSec. 421. Capital representation improvement grants.Sec. 422. Capital prosecution improvement grants.Sec. 423. Applications.Sec. 424. State reports.Sec. 425. Evaluations by Inspector General and administrative remedies.Sec. 426. Authorization of appropriations.

Subtitle C—Compensation for the wrongfully convictedSec. 431. Increased compensation in Federal cases for the wrongfully convicted.Sec. 432. Sense of Congress regarding compensation in State death penalty cases.

TITLE I—SCOTT CAMPBELL, STEPHANIEROPER, WENDY PRESTON, LOUARNAGILLIS, AND NILA LYNN CRIME VIC-TIMS’ RIGHTS ACT

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Scott Campbell, StephanieRoper, Wendy Preston, Louarna Gillis, and Nila Lynn Crime Vic-tims’ Rights Act’’.SEC. 102. CRIME VICTIMS’ RIGHTS.

(a) AMENDMENT TO TITLE 18.—Part II of title 18, United StatesCode, is amended by adding at the end the following:

‘‘CHAPTER 237—CRIME VICTIMS’ RIGHTS

‘‘Sec.‘‘3771. Crime victims’ rights.

‘‘§ 3771. Crime victims’ rights‘‘(a) RIGHTS OF CRIME VICTIMS.—A crime victim has the fol-

lowing rights:‘‘(1) The right to be reasonably protected from the accused.‘‘(2) The right to reasonable, accurate, and timely notice

of any public court proceeding, or any parole proceeding,involving the crime or of any release or escape of the accused.

‘‘(3) The right not to be excluded from any such publiccourt proceeding, unless the court, after receiving clear andconvincing evidence, determines that testimony by the victimwould be materially altered if the victim heard other testimonyat that proceeding.

‘‘(4) The right to be reasonably heard at any public pro-ceeding in the district court involving release, plea, sentencing,or any parole proceeding.

‘‘(5) The reasonable right to confer with the attorney forthe Government in the case.

‘‘(6) The right to full and timely restitution as providedin law.

‘‘(7) The right to proceedings free from unreasonable delay.‘‘(8) The right to be treated with fairness and with respect

for the victim’s dignity and privacy.

18 USC 3771note.

Scott Campbell,Stephanie Roper,Wendy Preston,Louarna Gillis,and Nila LynnCrime Victims’Rights Act.



‘‘(b) RIGHTS AFFORDED.—In any court proceeding involving anoffense against a crime victim, the court shall ensure that thecrime victim is afforded the rights described in subsection (a).Before making a determination described in subsection (a)(3), thecourt shall make every effort to permit the fullest attendance pos-sible by the victim and shall consider reasonable alternatives tothe exclusion of the victim from the criminal proceeding. The rea-sons for any decision denying relief under this chapter shall beclearly stated on the record.

‘‘(c) BEST EFFORTS TO ACCORD RIGHTS.—‘‘(1) GOVERNMENT.—Officers and employees of the Depart-

ment of Justice and other departments and agencies of theUnited States engaged in the detection, investigation, orprosecution of crime shall make their best efforts to see thatcrime victims are notified of, and accorded, the rights describedin subsection (a).

‘‘(2) ADVICE OF ATTORNEY.—The prosecutor shall advisethe crime victim that the crime victim can seek the adviceof an attorney with respect to the rights described in subsection(a).

‘‘(3) NOTICE.—Notice of release otherwise required pursuantto this chapter shall not be given if such notice may endangerthe safety of any person.‘‘(d) ENFORCEMENT AND LIMITATIONS.—

‘‘(1) RIGHTS.—The crime victim or the crime victim’s lawfulrepresentative, and the attorney for the Government may assertthe rights described in subsection (a). A person accused ofthe crime may not obtain any form of relief under this chapter.

‘‘(2) MULTIPLE CRIME VICTIMS.—In a case where the courtfinds that the number of crime victims makes it impracticableto accord all of the crime victims the rights described in sub-section (a), the court shall fashion a reasonable procedure togive effect to this chapter that does not unduly complicateor prolong the proceedings.

‘‘(3) MOTION FOR RELIEF AND WRIT OF MANDAMUS.—Therights described in subsection (a) shall be asserted in the dis-trict court in which a defendant is being prosecuted for thecrime or, if no prosecution is underway, in the district courtin the district in which the crime occurred. The district courtshall take up and decide any motion asserting a victim’s rightforthwith. If the district court denies the relief sought, themovant may petition the court of appeals for a writ of man-damus. The court of appeals may issue the writ on the orderof a single judge pursuant to circuit rule or the Federal Rulesof Appellate Procedure. The court of appeals shall take upand decide such application forthwith within 72 hours afterthe petition has been filed. In no event shall proceedings bestayed or subject to a continuance of more than five daysfor purposes of enforcing this chapter. If the court of appealsdenies the relief sought, the reasons for the denial shall beclearly stated on the record in a written opinion.

‘‘(4) ERROR.—In any appeal in a criminal case, the Govern-ment may assert as error the district court’s denial of anycrime victim’s right in the proceeding to which the appealrelates.

‘‘(5) LIMITATION ON RELIEF.—In no case shall a failureto afford a right under this chapter provide grounds for a

Deadline.

Notification.



new trial. A victim may make a motion to re-open a pleaor sentence only if—

‘‘(A) the victim has asserted the right to be heardbefore or during the proceeding at issue and such rightwas denied;

‘‘(B) the victim petitions the court of appeals for awrit of mandamus within 10 days; and

‘‘(C) in the case of a plea, the accused has not pledto the highest offense charged.

This paragraph does not affect the victim’s right to restitutionas provided in title 18, United States Code.’’.

‘‘(6) NO CAUSE OF ACTION.—Nothing in this chapter shallbe construed to authorize a cause of action for damages orto create, to enlarge, or to imply any duty or obligation toany victim or other person for the breach of which the UnitedStates or any of its officers or employees could be held liablein damages. Nothing in this chapter shall be construed toimpair the prosecutorial discretion of the Attorney Generalor any officer under his direction.‘‘(e) DEFINITIONS.—For the purposes of this chapter, the term

‘crime victim’ means a person directly and proximately harmedas a result of the commission of a Federal offense or an offensein the District of Columbia. In the case of a crime victim whois under 18 years of age, incompetent, incapacitated, or deceased,the legal guardians of the crime victim or the representatives ofthe crime victim’s estate, family members, or any other personsappointed as suitable by the court, may assume the crime victim’srights under this chapter, but in no event shall the defendantbe named as such guardian or representative.

‘‘(f) PROCEDURES TO PROMOTE COMPLIANCE.—‘‘(1) REGULATIONS.—Not later than 1 year after the date

of enactment of this chapter, the Attorney General of the UnitedStates shall promulgate regulations to enforce the rights ofcrime victims and to ensure compliance by responsible officialswith the obligations described in law respecting crime victims.

‘‘(2) CONTENTS.—The regulations promulgated under para-graph (1) shall—

‘‘(A) designate an administrative authority within theDepartment of Justice to receive and investigate complaintsrelating to the provision or violation of the rights of acrime victim;

‘‘(B) require a course of training for employees andoffices of the Department of Justice that fail to complywith provisions of Federal law pertaining to the treatmentof crime victims, and otherwise assist such employees andoffices in responding more effectively to the needs of crimevictims;

‘‘(C) contain disciplinary sanctions, including suspen-sion or termination from employment, for employees ofthe Department of Justice who willfully or wantonly failto comply with provisions of Federal law pertaining tothe treatment of crime victims; and

‘‘(D) provide that the Attorney General, or the designeeof the Attorney General, shall be the final arbiter of thecomplaint, and that there shall be no judicial review ofthe final decision of the Attorney General by a complain-ant.’’.

Deadline.



(b) TABLE OF CHAPTERS.—The table of chapters for part IIof title 18, United States Code, is amended by inserting at theend the following:‘‘237. Crime victims’ rights .................................................................................... 3771’’.

(c) REPEAL.—Section 502 of the Victims’ Rights and RestitutionAct of 1990 (42 U.S.C. 10606) is repealed.

SEC. 103. INCREASED RESOURCES FOR ENFORCEMENT OF CRIME VIC-TIMS’ RIGHTS.

(a) CRIME VICTIMS LEGAL ASSISTANCE GRANTS.—The Victimsof Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended byinserting after section 1404C the following:

‘‘SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS.

‘‘(a) IN GENERAL.—The Director may make grants as providedin section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices,law enforcement agencies, courts, jails, and correctional institutions,and to qualified public and private entities, to develop, establish,and maintain programs for the enforcement of crime victims’ rightsas provided in law.

‘‘(b) PROHIBITION.—Grant amounts under this section may notbe used to bring a cause of action for damages.

‘‘(c) FALSE CLAIMS ACT.—Notwithstanding any other provisionof law, amounts collected pursuant to sections 3729 through 3731of title 31, United States Code (commonly known as the ‘FalseClaims Act’), may be used for grants under this section, subjectto appropriation.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—In addition to fundsmade available under section 1402(d) of the Victims of Crime Actof 1984, there are authorized to be appropriated to carry out thistitle—

(1) $2,000,000 for fiscal year 2005 and $5,000,000 for eachof fiscal years 2006, 2007, 2008, and 2009 to United StatesAttorneys Offices for Victim/Witnesses Assistance Programs;

(2) $2,000,000 for fiscal year 2005 and $5,000,000 in eachof the fiscal years 2006, 2007, 2008, and 2009, to the Officefor Victims of Crime of the Department of Justice for enhance-ment of the Victim Notification System;

(3) $300,000 in fiscal year 2005 and $500,000 for eachof the fiscal years 2006, 2007, 2008, and 2009, to the Officefor Victims of Crime of the Department of Justice for staffto administer the appropriation for the support of organizationsas designated under paragraph (4);

(4) $7,000,000 for fiscal year 2005 and $11,000,000 foreach of the fiscal years 2006, 2007, 2008, and 2009, to theOffice for Victims of Crime of the Department of Justice, forthe support of organizations that provide legal counsel andsupport services for victims in criminal cases for the enforce-ment of crime victims’ rights in Federal jurisdictions, and inStates and tribal governments that have laws substantiallyequivalent to the provisions of chapter 237 of title 18, UnitedStates Code; and

(5) $5,000,000 for fiscal year 2005 and $7,000,000 for eachof fiscal years 2006, 2007, 2008, and 2009, to the Office forVictims of Crime of the Department of Justice, for the supportof—

42 USC 10603d.



(A) training and technical assistance to States andtribal jurisdictions to craft state-of-the-art victims’ rightslaws; and

(B) training and technical assistance to States andtribal jurisdictions to design a variety of compliance sys-tems, which shall include an evaluation component.

(c) INCREASED RESOURCES TO DEVELOP STATE-OF-THE-ART SYS-TEMS FOR NOTIFYING CRIME VICTIMS OF IMPORTANT DATES ANDDEVELOPMENTS.—The Victims of Crime Act of 1984 (42 U.S.C.10601 et seq.) is amended by inserting after section 1404D thefollowing:

‘‘SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS.

‘‘(a) IN GENERAL.—The Director may make grants as providedin section 1404(c)(1)(A) to State, tribal, and local prosecutors’ offices,law enforcement agencies, courts, jails, and correctional institutions,and to qualified public or private entities, to develop and implementstate-of-the-art systems for notifying victims of crime of importantdates and developments relating to the criminal proceedings atissue in a timely and efficient manner, provided that the jurisdictionhas laws substantially equivalent to the provisions of chapter 237of title 18, United States Code.

‘‘(b) INTEGRATION OF SYSTEMS.—Systems developed and imple-mented under this section may be integrated with existing casemanagement systems operated by the recipient of the grant.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to fundsmade available under section 1402(d), there are authorized to beappropriated to carry out this section—

‘‘(1) $5,000,000 for fiscal year 2005; and‘‘(2) $5,000,000 for each of the fiscal years 2006, 2007,

2008, and 2009.‘‘(d) FALSE CLAIMS ACT.—Notwithstanding any other provision

of law, amounts collected pursuant to sections 3729 through 3731of title 31, United States Code (commonly known as the ‘FalseClaims Act’), may be used for grants under this section, subjectto appropriation.’’.

SEC. 104. REPORTS.

(a) ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS.—Not later than 1 year after the date of enactment of this Actand annually thereafter, the Administrative Office of the UnitedStates Courts, for each Federal court, shall report to Congressthe number of times that a right established in chapter 237 oftitle 18, United States Code, is asserted in a criminal case andthe relief requested is denied and, with respect to each such denial,the reason for such denial, as well as the number of times amandamus action is brought pursuant to chapter 237 of title 18,and the result reached.

(b) GOVERNMENT ACCOUNTABILITY OFFICE.—(1) STUDY.—The Comptroller General shall conduct a study

that evaluates the effect and efficacy of the implementationof the amendments made by this title on the treatment ofcrime victims in the Federal system.

(2) REPORT.—Not later than 4 years after the date of enact-ment of this Act, the Comptroller General shall prepare andsubmit to the appropriate committees a report containing theresults of the study conducted under subsection (a).

Deadline.

Deadline.18 USC 3771note.

42 USC 10603e.



TITLE II—DEBBIE SMITH ACT OF 2004


This title may be cited as the ‘‘Debbie Smith Act of 2004’’.

SEC. 202. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

(a) DESIGNATION OF PROGRAM; ELIGIBILITY OF LOCAL GOVERN-MENTS AS GRANTEES.—Section 2 of the DNA Analysis Backlog Elimi-nation Act of 2000 (42 U.S.C. 14135) is amended—

(1) by amending the heading to read as follows:

‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.’’;

(2) in subsection (a)—(A) in the matter preceding paragraph (1)—

(i) by inserting ‘‘or units of local government’’ after‘‘eligible States’’; and

(ii) by inserting ‘‘or unit of local government’’ after‘‘State’’;(B) in paragraph (2), by inserting before the period

at the end the following: ‘‘, including samples from rapekits, samples from other sexual assault evidence, and sam-ples taken in cases without an identified suspect’’; and

(C) in paragraph (3), by striking ‘‘within the State’’;(3) in subsection (b)—

(A) in the matter preceding paragraph (1)—(i) by inserting ‘‘or unit of local government’’ after

‘‘State’’ both places that term appears; and(ii) by inserting ‘‘, as required by the Attorney

General’’ after ‘‘application shall’’;(B) in paragraph (1), by inserting ‘‘or unit of local

government’’ after ‘‘State’’;(C) in paragraph (3), by inserting ‘‘or unit of local

government’’ after ‘‘State’’ the first place that term appears;(D) in paragraph (4)—

(i) by inserting ‘‘or unit of local government’’ after‘‘State’’; and

(ii) by striking ‘‘and’’ at the end;(E) in paragraph (5)—

(i) by inserting ‘‘or unit of local government’’ after‘‘State’’; and

(ii) by striking the period at the end and insertinga semicolon; and(F) by adding at the end the following:

‘‘(6) if submitted by a unit of local government, certifythat the unit of local government has taken, or is taking,all necessary steps to ensure that it is eligible to include,directly or through a State law enforcement agency, all analysesof samples for which it has requested funding in the CombinedDNA Index System; and’’;

(4) in subsection (d)—(A) in paragraph (1)—

(i) in the matter preceding subparagraph (A), bystriking ‘‘The plan’’ and inserting ‘‘A plan pursuantto subsection (b)(1)’’;

(ii) in subparagraph (A), by striking ‘‘within theState’’; and

42 USC 13701note.

Debbie Smith Actof 2004.



(iii) in subparagraph (B), by striking ‘‘within theState’’; and(B) in paragraph (2)(A), by inserting ‘‘and units of

local government’’ after ‘‘States’’;(5) in subsection (e)—

(A) in paragraph (1), by inserting ‘‘or local government’’after ‘‘State’’ both places that term appears; and

(B) in paragraph (2), by inserting ‘‘or unit of localgovernment’’ after ‘‘State’’;(6) in subsection (f), in the matter preceding paragraph

(1), by inserting ‘‘or unit of local government’’ after ‘‘State’’;(7) in subsection (g)—

(A) in paragraph (1), by inserting ‘‘or unit of localgovernment’’ after ‘‘State’’; and

(B) in paragraph (2), by inserting ‘‘or units of localgovernment’’ after ‘‘States’’; and(8) in subsection (h), by inserting ‘‘or unit of local govern-

ment’’ after ‘‘State’’ both places that term appears.(b) REAUTHORIZATION AND EXPANSION OF PROGRAM.—Section

2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C.14135) is amended—

(1) in subsection (a)—(A) in paragraph (3), by inserting ‘‘(1) or’’ before ‘‘(2)’’;

and(B) by inserting at the end the following:

‘‘(4) To collect DNA samples specified in paragraph (1).‘‘(5) To ensure that DNA testing and analysis of samples

from crimes, including sexual assault and other serious violentcrimes, are carried out in a timely manner.’’;

(2) in subsection (b), as amended by this section, byinserting at the end the following:

‘‘(7) specify that portion of grant amounts that the Stateor unit of local government shall use for the purpose specifiedin subsection (a)(4).’’;

(3) by amending subsection (c) to read as follows:‘‘(c) FORMULA FOR DISTRIBUTION OF GRANTS.—

‘‘(1) IN GENERAL.—The Attorney General shall distributegrant amounts, and establish appropriate grant conditionsunder this section, in conformity with a formula or formulasthat are designed to effectuate a distribution of funds amongeligible States and units of local government that—

‘‘(A) maximizes the effective utilization of DNA tech-nology to solve crimes and protect public safety; and

‘‘(B) allocates grants among eligible entities fairly andefficiently to address jurisdictions in which significant back-logs exist, by considering—

‘‘(i) the number of offender and casework samplesawaiting DNA analysis in a jurisdiction;

‘‘(ii) the population in the jurisdiction; and‘‘(iii) the number of part 1 violent crimes in the

jurisdiction.‘‘(2) MINIMUM AMOUNT.—The Attorney General shall allo-

cate to each State not less than 0.50 percent of the totalamount appropriated in a fiscal year for grants under thissection, except that the United States Virgin Islands, AmericanSamoa, Guam, and the Northern Mariana Islands shall eachbe allocated 0.125 percent of the total appropriation.



‘‘(3) LIMITATION.—Grant amounts distributed under para-graph (1) shall be awarded to conduct DNA analyses of samplesfrom casework or from victims of crime under subsection (a)(2)in accordance with the following limitations:

‘‘(A) For fiscal year 2005, not less than 50 percentof the grant amounts shall be awarded for purposes undersubsection (a)(2).

‘‘(B) For fiscal year 2006, not less than 50 percentof the grant amounts shall be awarded for purposes undersubsection (a)(2).

‘‘(C) For fiscal year 2007, not less than 45 percentof the grant amounts shall be awarded for purposes undersubsection (a)(2).

‘‘(D) For fiscal year 2008, not less than 40 percentof the grant amounts shall be awarded for purposes undersubsection (a)(2).

‘‘(E) For fiscal year 2009, not less than 40 percentof the grant amounts shall be awarded for purposes undersubsection (a)(2).’’;(4) in subsection (g)—

(A) in paragraph (1), by striking ‘‘and’’ at the end;(B) in paragraph (2), by striking the period at the

end and inserting ‘‘; and’’; and(C) by adding at the end the following:

‘‘(3) a description of the priorities and plan for awardinggrants among eligible States and units of local government,and how such plan will ensure the effective use of DNA tech-nology to solve crimes and protect public safety.’’;

(5) in subsection (j), by striking paragraphs (1) and (2)and inserting the following:

‘‘(1) $151,000,000 for fiscal year 2005;‘‘(2) $151,000,000 for fiscal year 2006;‘‘(3) $151,000,000 for fiscal year 2007;‘‘(4) $151,000,000 for fiscal year 2008; and‘‘(5) $151,000,000 for fiscal year 2009.’’; and‘‘(6) by adding at the end the following:

‘‘(k) USE OF FUNDS FOR ACCREDITATION AND AUDITS.—TheAttorney General may distribute not more than 1 percent of thegrant amounts under subsection (j)—

‘‘(1) to States or units of local government to defray thecosts incurred by laboratories operated by each such Stateor unit of local government in preparing for accreditation orreaccreditation;

‘‘(2) in the form of additional grants to States, units oflocal government, or nonprofit professional organizations of per-sons actively involved in forensic science and nationally recog-nized within the forensic science community—

‘‘(A) to defray the costs of external audits of labora-tories operated by such State or unit of local government,which participates in the National DNA Index System,to determine whether the laboratory is in compliance withquality assurance standards;

‘‘(B) to assess compliance with any plans submittedto the National Institute of Justice, which detail the useof funds received by States or units of local governmentunder this Act; and

‘‘(C) to support future capacity building efforts; and



‘‘(3) in the form of additional grants to nonprofit profes-sional associations actively involved in forensic science andnationally recognized within the forensic science communityto defray the costs of training persons who conduct externalaudits of laboratories operated by States and units of localgovernment and which participate in the National DNA IndexSystem.‘‘(l) USE OF FUNDS FOR OTHER FORENSIC SCIENCES.—The

Attorney General may award a grant under this section to a Stateor unit of local government to alleviate a backlog of cases withrespect to a forensic science other than DNA analysis if the Stateor unit of local government—

‘‘(1) certifies to the Attorney General that in such Stateor unit—

‘‘(A) all of the purposes set forth in subsection (a)have been met;

‘‘(B) a significant backlog of casework is not waitingfor DNA analysis; and

‘‘(C) there is no need for significant laboratory equip-ment, supplies, or additional personnel for timely DNAprocessing of casework or offender samples; and‘‘(2) demonstrates to the Attorney General that such State

or unit requires assistance in alleviating a backlog of casesinvolving a forensic science other than DNA analysis.‘‘(m) EXTERNAL AUDITS AND REMEDIAL EFFORTS.—In the event

that a laboratory operated by a State or unit of local governmentwhich has received funds under this Act has undergone an externalaudit conducted to determine whether the laboratory is in compli-ance with standards established by the Director of the FederalBureau of Investigation, and, as a result of such audit, identifiesmeasures to remedy deficiencies with respect to the complianceby the laboratory with such standards, the State or unit of localgovernment shall implement any such remediation as soon as prac-ticable.’’.

SEC. 203. EXPANSION OF COMBINED DNA INDEX SYSTEM.

(a) INCLUSION OF ALL DNA SAMPLES FROM STATES.—Section210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132)is amended—

(1) in subsection (a)(1), by striking ‘‘of persons convictedof crimes;’’ and inserting the following: ‘‘of—

‘‘(A) persons convicted of crimes;‘‘(B) persons who have been charged in an indictment

or information with a crime; and‘‘(C) other persons whose DNA samples are collected

under applicable legal authorities, provided that DNA pro-files from arrestees who have not been charged in anindictment or information with a crime, and DNA samplesthat are voluntarily submitted solely for elimination pur-poses shall not be included in the National DNA IndexSystem;’’; and(2) in subsection (d)(2)—

(A) by striking ‘‘if the responsible agency’’ and inserting‘‘if—

‘‘(i) the responsible agency’’;(B) by striking the period at the end and inserting

‘‘; or’’; and



(C) by adding at the end the following:‘‘(ii) the person has not been convicted of an offense

on the basis of which that analysis was or could havebeen included in the index, and all charges for whichthe analysis was or could have been included in the indexhave been dismissed or resulted in acquittal.’’.

(b) FELONS CONVICTED OF FEDERAL CRIMES.—Section 3(d) ofthe DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C.14135a(d)) is amended to read as follows:

‘‘(d) QUALIFYING FEDERAL OFFENSES.—The offenses that shallbe treated for purposes of this section as qualifying Federal offensesare the following offenses, as determined by the Attorney General:

‘‘(1) Any felony.‘‘(2) Any offense under chapter 109A of title 18, United

States Code.‘‘(3) Any crime of violence (as that term is defined in

section 16 of title 18, United States Code).‘‘(4) Any attempt or conspiracy to commit any of the

offenses in paragraphs (1) through (3).’’.(c) MILITARY OFFENSES.—Section 1565(d) of title 10, United

States Code, is amended to read as follows:‘‘(d) QUALIFYING MILITARY OFFENSES.—The offenses that shall

be treated for purposes of this section as qualifying military offensesare the following offenses, as determined by the Secretary ofDefense, in consultation with the Attorney General:

‘‘(1) Any offense under the Uniform Code of Military Justicefor which a sentence of confinement for more than one yearmay be imposed.

‘‘(2) Any other offense under the Uniform Code of MilitaryJustice that is comparable to a qualifying Federal offense (asdetermined under section 3(d) of the DNA Analysis BacklogElimination Act of 2000 (42 U.S.C. 14135a(d))).’’.(d) KEYBOARD SEARCHES.—Section 210304 of the DNA Identi-

fication Act of 1994 (42 U.S.C. 14132), as amended by subsection(a), is further amended by adding at the end the following newsubsection:

‘‘(e) AUTHORITY FOR KEYBOARD SEARCHES.—‘‘(1) IN GENERAL.—The Director shall ensure that any per-

son who is authorized to access the index described in sub-section (a) for purposes of including information on DNA identi-fication records or DNA analyses in that index may also accessthat index for purposes of carrying out a one-time keyboardsearch on information obtained from any DNA sample lawfullycollected for a criminal justice purpose except for a DNA samplevoluntarily submitted solely for elimination purposes.

‘‘(2) DEFINITION.—For purposes of paragraph (1), the term‘keyboard search’ means a search under which informationobtained from a DNA sample is compared with informationin the index without resulting in the information obtainedfrom a DNA sample being included in the index.

‘‘(3) NO PREEMPTION.—This subsection shall not be con-strued to preempt State law.(e) INCREASED PENALTIES FOR MISUSE OF DNA ANALYSES.—

(1) Section 210305(c)(2) of the DNA Identification Act of 1994 (42U.S.C. 14133(c)(2)) is amended by striking ‘‘$100,000’’ and inserting‘‘$250,000, or imprisoned for a period of not more than one year,or both’’.



(2) Section 10(c) of the DNA Analysis Backlog EliminationAct of 2000 (42 U.S.C. 14135e(c)) is amended by striking ‘‘$100,000’’and inserting ‘‘$250,000, or imprisoned for a period of not morethan one year, or both’’.

(f) REPORT TO CONGRESS.—If the Department of Justice plansto modify or supplement the core genetic markers needed forcompatibility with the CODIS system, it shall notify the JudiciaryCommittee of the Senate and the Judiciary Committee of the Houseof Representatives in writing not later than 180 days before anychange is made and explain the reasons for such change.SEC. 204. TOLLING OF STATUTE OF LIMITATIONS.

(a) IN GENERAL.—Chapter 213 of title 18, United States Code,is amended by adding at the end the following:

‘‘§ 3297. Cases involving DNA evidence‘‘In a case in which DNA testing implicates an identified person

in the commission of a felony, except for a felony offense underchapter 109A, no statute of limitations that would otherwise pre-clude prosecution of the offense shall preclude such prosecutionuntil a period of time following the implication of the person byDNA testing has elapsed that is equal to the otherwise applicablelimitation period.’’.

(b) CLERICAL AMENDMENT.—The table of sections for chapter213 of title 18, United States Code, is amended by adding atthe end the following:‘‘3297. Cases involving DNA evidence.’’.

(c) APPLICATION.—The amendments made by this section shallapply to the prosecution of any offense committed before, on, orafter the date of the enactment of this section if the applicablelimitation period has not yet expired.SEC. 205. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE.

Section 1201 of the Violence Against Women Act of 2000 (42U.S.C. 3796gg–6) is amended—

(1) in subsection (a), by inserting ‘‘dating violence,’’ after‘‘domestic violence,’’;

(2) in subsection (b)—(A) by redesignating paragraphs (1) through (3) as

paragraphs (2) through (4), respectively;(B) by inserting before paragraph (2), as redesignated

by subparagraph (A), the following:‘‘(1) DATING VIOLENCE.—The term ‘dating violence’ means

violence committed by a person who is or has been in a socialrelationship of a romantic or intimate nature with the victim.The existence of such a relationship shall be determined basedon a consideration of—

‘‘(A) the length of the relationship;‘‘(B) the type of relationship; and‘‘(C) the frequency of interaction between the persons

involved in the relationship.’’; and(C) in paragraph (3), as redesignated by subparagraph

(A), by inserting ‘‘dating violence,’’ after ‘‘domesticviolence,’’;(3) in subsection (c)—

(A) in paragraph (1)—(i) by inserting ‘‘, dating violence,’’ after ‘‘between

domestic violence’’; and

18 USC 3297note.

28 USC 531 note.



(ii) by inserting ‘‘dating violence,’’ after ‘‘victimsof domestic violence,’’;(B) in paragraph (2), by inserting ‘‘dating violence,’’

after ‘‘domestic violence,’’; and(C) in paragraph (3), by inserting ‘‘dating violence,’’

after ‘‘domestic violence,’’;(4) in subsection (d)—

(A) in paragraph (1), by inserting ‘‘, dating violence,’’after ‘‘domestic violence’’;

(B) in paragraph (2), by inserting ‘‘, dating violence,’’after ‘‘domestic violence’’;

(C) in paragraph (3), by inserting ‘‘, dating violence,’’after ‘‘domestic violence’’; and

(D) in paragraph (4), by inserting ‘‘dating violence,’’after ‘‘domestic violence,’’;(5) in subsection (e), by inserting ‘‘dating violence,’’ after

‘‘domestic violence,’’; and(6) in subsection (f)(2)(A), by inserting ‘‘dating violence,’’

after ‘‘domestic violence,’’.

SEC. 206. ENSURING PRIVATE LABORATORY ASSISTANCE IN ELIMI-NATING DNA BACKLOG.

Section 2(d)(3) of the DNA Analysis Backlog Elimination Actof 2000 (42 U.S.C. 14135(d)(3)) is amended to read as follows:

‘‘(3) USE OF VOUCHERS OR CONTRACTS FOR CERTAIN PUR-POSES.—

‘‘(A) IN GENERAL.—A grant for the purposes specifiedin paragraph (1), (2), or (5) of subsection (a) may be madein the form of a voucher or contract for laboratory services,even if the laboratory makes a reasonable profit for theservices.

‘‘(B) REDEMPTION.—A voucher or contract undersubparagraph (A) may be redeemed at a laboratory oper-ated on a nonprofit or for-profit basis, by a private entitythat satisfies quality assurance standards and has beenapproved by the Attorney General.

‘‘(C) PAYMENTS.—The Attorney General may useamounts authorized under subsection (j) to make paymentsto a laboratory described under subparagraph (B).’’.

TITLE III—DNA SEXUAL ASSAULTJUSTICE ACT OF 2004


This title may be cited as the ‘‘DNA Sexual Assault JusticeAct of 2004’’.

SEC. 302. ENSURING PUBLIC CRIME LABORATORY COMPLIANCE WITHFEDERAL STANDARDS.

Section 210304(b)(2) of the DNA Identification Act of 1994(42 U.S.C. 14132(b)(2)) is amended to read as follows:

‘‘(2) prepared by laboratories that—‘‘(A) not later than 2 years after the date of enactment

of the DNA Sexual Assault Justice Act of 2004, have beenaccredited by a nonprofit professional association of persons

Deadline.

42 USC 13701note.

DNA SexualAssault JusticeAct of 2004.



actively involved in forensic science that is nationally recog-nized within the forensic science community; and

‘‘(B) undergo external audits, not less than once every2 years, that demonstrate compliance with standards estab-lished by the Director of the Federal Bureau of Investiga-tion; and’’.

SEC. 303. DNA TRAINING AND EDUCATION FOR LAW ENFORCEMENT,CORRECTIONAL PERSONNEL, AND COURT OFFICERS.

(a) IN GENERAL.—The Attorney General shall make grantsto provide training, technical assistance, education, and informationrelating to the identification, collection, preservation, analysis, anduse of DNA samples and DNA evidence by—

(1) law enforcement personnel, including police officers andother first responders, evidence technicians, investigators, andothers who collect or examine evidence of crime;

(2) court officers, including State and local prosecutors,defense lawyers, and judges;

(3) forensic science professionals; and(4) corrections personnel, including prison and jail per-

sonnel, and probation, parole, and other officers involved insupervision.(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $12,500,000 for each of fiscal years 2005 through2009 to carry out this section.SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.

(a) IN GENERAL.—The Attorney General shall make grantsto eligible entities to provide training, technical assistance, edu-cation, equipment, and information relating to the identification,collection, preservation, analysis, and use of DNA samples andDNA evidence by medical personnel and other personnel, includingdoctors, medical examiners, coroners, nurses, victim service pro-viders, and other professionals involved in treating victims of sexualassault and sexual assault examination programs, including SANE(Sexual Assault Nurse Examiner), SAFE (Sexual Assault ForensicExaminer), and SART (Sexual Assault Response Team).

(b) ELIGIBLE ENTITY.—For purposes of this section, the term‘‘eligible entity’’ includes—

(1) States;(2) units of local government; and(3) sexual assault examination programs, including—

(A) sexual assault nurse examiner (SANE) programs;(B) sexual assault forensic examiner (SAFE) programs;(C) sexual assault response team (SART) programs;(D) State sexual assault coalitions;(E) medical personnel, including doctors, medical exam-

iners, coroners, and nurses, involved in treating victimsof sexual assault; and

(F) victim service providers involved in treating victimsof sexual assault.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorizedto be appropriated $30,000,000 for each of fiscal years 2005 through2009 to carry out this section.SEC. 305. DNA RESEARCH AND DEVELOPMENT.

(a) IMPROVING DNA TECHNOLOGY.—The Attorney General shallmake grants for research and development to improve forensic

Grants.

42 USC 14136b.

Definition.

42 USC 14136a.

Grants.

42 USC 14136.



DNA technology, including increasing the identification accuracyand efficiency of DNA analysis, decreasing time and expense, andincreasing portability.

(b) DEMONSTRATION PROJECTS.—The Attorney General shallmake grants to appropriate entities under which research is carriedout through demonstration projects involving coordinated trainingand commitment of resources to law enforcement agencies andkey criminal justice participants to demonstrate and evaluate theuse of forensic DNA technology in conjunction with other forensictools. The demonstration projects shall include scientific evaluationof the public safety benefits, improvements to law enforcementoperations, and cost-effectiveness of increased collection and useof DNA evidence.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorizedto be appropriated $15,000,000 for each of fiscal years 2005 through2009 to carry out this section.

SEC. 306. NATIONAL FORENSIC SCIENCE COMMISSION.

(a) APPOINTMENT.—The Attorney General shall appoint aNational Forensic Science Commission (in this section referred toas the ‘‘Commission’’), composed of persons experienced in criminaljustice issues, including persons from the forensic science andcriminal justice communities, to carry out the responsibilities undersubsection (b).

(b) RESPONSIBILITIES.—The Commission shall—(1) assess the present and future resource needs of the

forensic science community;(2) make recommendations to the Attorney General for

maximizing the use of forensic technologies and techniquesto solve crimes and protect the public;

(3) identify potential scientific advances that may assistlaw enforcement in using forensic technologies and techniquesto protect the public;

(4) make recommendations to the Attorney General forprograms that will increase the number of qualified forensicscientists available to work in public crime laboratories;

(5) disseminate, through the National Institute of Justice,best practices concerning the collection and analyses of forensicevidence to help ensure quality and consistency in the useof forensic technologies and techniques to solve crimes andprotect the public;

(6) examine additional issues pertaining to forensic scienceas requested by the Attorney General;

(7) examine Federal, State, and local privacy protectionstatutes, regulations, and practices relating to access to, oruse of, stored DNA samples or DNA analyses, to determinewhether such protections are sufficient;

(8) make specific recommendations to the Attorney General,as necessary, to enhance the protections described in paragraph(7) to ensure—

(A) the appropriate use and dissemination of DNAinformation;

(B) the accuracy, security, and confidentiality of DNAinformation;

(C) the timely removal and destruction of obsolete,expunged, or inaccurate DNA information; and

42 USC 14136c.

Grants.



(D) that any other necessary measures are taken toprotect privacy; and(9) provide a forum for the exchange and dissemination

of ideas and information in furtherance of the objectivesdescribed in paragraphs (1) through (8).(c) PERSONNEL; PROCEDURES.—The Attorney General shall—

(1) designate the Chair of the Commission from amongits members;

(2) designate any necessary staff to assist in carrying outthe functions of the Commission; and

(3) establish procedures and guidelines for the operationsof the Commission.(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $500,000 for each of fiscal years 2005 through2009 to carry out this section.

SEC. 307. FBI DNA PROGRAMS.

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorizedto be appropriated to the Federal Bureau of Investigation$42,100,000 for each of fiscal years 2005 through 2009 to carryout the DNA programs and activities described under subsection(b).

(b) PROGRAMS AND ACTIVITIES.—The Federal Bureau of Inves-tigation may use any amounts appropriated pursuant to subsection(a) for—

(1) nuclear DNA analysis;(2) mitochondrial DNA analysis;(3) regional mitochondrial DNA laboratories;(4) the Combined DNA Index System;(5) the Federal Convicted Offender DNA Program; and(6) DNA research and development.

SEC. 308. DNA IDENTIFICATION OF MISSING PERSONS.

(a) IN GENERAL.—The Attorney General shall make grantsto promote the use of forensic DNA technology to identify missingpersons and unidentified human remains.

(b) REQUIREMENT.—Each State or unit of local governmentthat receives funding under this section shall be required to submitthe DNA profiles of such missing persons and unidentified humanremains to the National Missing Persons DNA Database of theFederal Bureau of Investigation.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorizedto be appropriated $2,000,000 for each of fiscal years 2005 through2009 to carry out this section.

SEC. 309. ENHANCED CRIMINAL PENALTIES FOR UNAUTHORIZEDDISCLOSURE OR USE OF DNA INFORMATION.

Section 10(c) of the DNA Analysis Backlog Elimination Actof 2000 (42 U.S.C. 14135e(c)) is amended to read as follows:

‘‘(c) CRIMINAL PENALTY.—A person who knowingly disclosesa sample or result described in subsection (a) in any manner toany person not authorized to receive it, or obtains or uses, withoutauthorization, such sample or result, shall be fined not more than$250,000, or imprisoned for a period of not more than one year.Each instance of disclosure, obtaining, or use shall constitute aseparate offense under this subsection.’’.

Grants.

42 USC 14136d.



SEC. 310. TRIBAL COALITION GRANTS.

(a) IN GENERAL.—Section 2001 of title I of the Omnibus CrimeControl and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amendedby adding at the end the following:

‘‘(d) TRIBAL COALITION GRANTS.—‘‘(1) PURPOSE.—The Attorney General shall award grants

to tribal domestic violence and sexual assault coalitions forpurposes of—

‘‘(A) increasing awareness of domestic violence andsexual assault against American Indian and Alaska Nativewomen;

‘‘(B) enhancing the response to violence against Amer-ican Indian and Alaska Native women at the tribal, Fed-eral, and State levels; and

‘‘(C) identifying and providing technical assistance tocoalition membership and tribal communities to enhanceaccess to essential services to American Indian womenvictimized by domestic and sexual violence.‘‘(2) GRANTS TO TRIBAL COALITIONS.—The Attorney General

shall award grants under paragraph (1) to—‘‘(A) established nonprofit, nongovernmental tribal

coalitions addressing domestic violence and sexual assaultagainst American Indian and Alaska Native women; and

‘‘(B) individuals or organizations that propose to incor-porate as nonprofit, nongovernmental tribal coalitions toaddress domestic violence and sexual assault against Amer-ican Indian and Alaska Native women.‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Receipt of an award

under this subsection by tribal domestic violence and sexualassault coalitions shall not preclude the coalition from receivingadditional grants under this title to carry out the purposesdescribed in subsection (b).’’.(b) TECHNICAL AMENDMENT.—Effective as of November 2, 2002,

and as if included therein as enacted, Public Law 107–273 (116Stat. 1789) is amended in section 402(2) by striking ‘‘sections 2006through 2011’’ and inserting ‘‘sections 2007 through 2011’’.

(c) AMOUNTS.—Section 2007 of the Omnibus Crime Controland Safe Streets Act of 1968 (as redesignated by section 402(2)of Public Law 107–273, as amended by subsection (b)) is amendedby amending subsection (b)(4) (42 U.S.C. 3796gg–1(b)(4)) to readas follows:

‘‘(4) 1⁄54 shall be available for grants under section 2001(d);’’.

SEC. 311. EXPANSION OF PAUL COVERDELL FORENSIC SCIENCESIMPROVEMENT GRANT PROGRAM.

(a) FORENSIC BACKLOG ELIMINATION GRANTS.—Section 2804of the Omnibus Crime Control and Safe Streets Act of 1968 (42U.S.C. 3797m) is amended—

(1) in subsection (a)—(A) by striking ‘‘shall use the grant to carry out’’ and

inserting ‘‘shall use the grant to do any one or more ofthe following:‘‘(1) To carry out’’; and

(B) by adding at the end the following:‘‘(2) To eliminate a backlog in the analysis of forensic

science evidence, including firearms examination, latent prints,

42 USC3796gg–1—3796gg–5,3796–1 note.



toxicology, controlled substances, forensic pathology, question-able documents, and trace evidence.

‘‘(3) To train, assist, and employ forensic laboratory per-sonnel, as needed, to eliminate such a backlog.’’;

(2) in subsection (b), by striking ‘‘under this part’’ andinserting ‘‘for the purpose set forth in subsection (a)(1)’’; and

(3) by adding at the end the following:‘‘(e) BACKLOG DEFINED.—For purposes of this section, a backlog

in the analysis of forensic science evidence exists if such evidence—‘‘(1) has been stored in a laboratory, medical examiner’s

office, coroner’s office, law enforcement storage facility, or med-ical facility; and

‘‘(2) has not been subjected to all appropriate forensictesting because of a lack of resources or personnel.’’.(b) EXTERNAL AUDITS.—Section 2802 of the Omnibus Crime

Control and Safe Streets Act of 1968 (42 U.S.C. 3797k) is amended—(1) in paragraph (2), by striking ‘‘and’’ at the end;(2) in paragraph (3), by striking the period at the end

and inserting ‘‘; and’’; and(3) by adding at the end the following:‘‘(4) a certification that a government entity exists and

an appropriate process is in place to conduct independentexternal investigations into allegations of serious negligenceor misconduct substantially affecting the integrity of theforensic results committed by employees or contractors of anyforensic laboratory system, medical examiner’s office, coroner’soffice, law enforcement storage facility, or medical facility inthe State that will receive a portion of the grant amount.’’.(c) THREE-YEAR EXTENSION OF AUTHORIZATION OF APPROPRIA-

TIONS.—Section 1001(a)(24) of the Omnibus Crime Control and SafeStreets Act of 1968 (42 U.S.C. 3793(a)(24)) is amended—

(1) in subparagraph (E), by striking ‘‘and’’ at the end;(2) in subparagraph (F), by striking the period at the end

and inserting a semicolon; and(3) by adding at the end the following:‘‘(G) $20,000,000 for fiscal year 2007;‘‘(H) $20,000,000 for fiscal year 2008; and‘‘(I) $20,000,000 for fiscal year 2009.’’.

(d) TECHNICAL AMENDMENT.—Section 1001(a) of such Act, asamended by subsection (c), is further amended by realigning para-graphs (24) and (25) so as to be flush with the left margin.

SEC. 312. REPORT TO CONGRESS.

(a) IN GENERAL.—Not later than 2 years after the date ofenactment of this Act, the Attorney General shall submit to Con-gress a report on the implementation of this title and title IIand the amendments made by this title and title II.

(b) CONTENTS.—The report submitted under subsection (a) shallinclude a description of—

(1) the progress made by Federal, State, and local entitiesin—

(A) collecting and entering DNA samples fromoffenders convicted of qualifying offenses for inclusion inthe Combined DNA Index System (referred to in this sub-section as ‘‘CODIS’’);

(B) analyzing samples from crime scenes, includingevidence collected from sexual assaults and other serious

Certification.



violent crimes, and entering such DNA analyses in CODIS;and

(C) increasing the capacity of forensic laboratories toconduct DNA analyses;(2) the priorities and plan for awarding grants among

eligible States and units of local government to ensure thatthe purposes of this title and title II are carried out;

(3) the distribution of grant amounts under this title andtitle II among eligible States and local governments, andwhether the distribution of such funds has served the purposesof the Debbie Smith DNA Backlog Grant Program;

(4) grants awarded and the use of such grants by eligibleentities for DNA training and education programs for lawenforcement, correctional personnel, court officers, medical per-sonnel, victim service providers, and other personnel authorizedunder sections 303 and 304;

(5) grants awarded and the use of such grants by eligibleentities to conduct DNA research and development programsto improve forensic DNA technology, and implement demonstra-tion projects under section 305;

(6) the steps taken to establish the National ForensicScience Commission, and the activities of the Commission undersection 306;

(7) the use of funds by the Federal Bureau of Investigationunder section 307;

(8) grants awarded and the use of such grants by eligibleentities to promote the use of forensic DNA technology to iden-tify missing persons and unidentified human remains undersection 308;

(9) grants awarded and the use of such grants by eligibleentities to eliminate forensic science backlogs under the amend-ments made by section 311;

(10) State compliance with the requirements set forth insection 313; and

(11) any other matters considered relevant by the AttorneyGeneral.

TITLE IV—INNOCENCE PROTECTIONACT OF 2004


This title may be cited as the ‘‘Innocence Protection Act of2004’’.

Subtitle A—Exonerating the InnocentThrough DNA Testing

SEC. 411. FEDERAL POST-CONVICTION DNA TESTING.

(a) FEDERAL CRIMINAL PROCEDURE.—(1) IN GENERAL.—Part II of title 18, United States Code,

is amended by inserting after chapter 228 the following:

18 USC 3600note.

InnocenceProtection Act of2004.



‘‘CHAPTER 228A—POST-CONVICTION DNA TESTING

‘‘Sec.‘‘3600. DNA testing.‘‘3600A. Preservation of biological evidence.

‘‘§ 3600. DNA testing‘‘(a) IN GENERAL.—Upon a written motion by an individual

under a sentence of imprisonment or death pursuant to a convictionfor a Federal offense (referred to in this section as the ‘applicant’),the court that entered the judgment of conviction shall order DNAtesting of specific evidence if the court finds that all of the followingapply:

‘‘(1) The applicant asserts, under penalty of perjury, thatthe applicant is actually innocent of—

‘‘(A) the Federal offense for which the applicant isunder a sentence of imprisonment or death; or

‘‘(B) another Federal or State offense, if—‘‘(i) evidence of such offense was admitted during

a Federal death sentencing hearing and exonerationof such offense would entitle the applicant to a reducedsentence or new sentencing hearing; and

‘‘(ii) in the case of a State offense—‘‘(I) the applicant demonstrates that there is

no adequate remedy under State law to permitDNA testing of the specified evidence relating tothe State offense; and

‘‘(II) to the extent available, the applicant hasexhausted all remedies available under State lawfor requesting DNA testing of specified evidencerelating to the State offense.

‘‘(2) The specific evidence to be tested was secured in rela-tion to the investigation or prosecution of the Federal or Stateoffense referenced in the applicant’s assertion under paragraph(1).

‘‘(3) The specific evidence to be tested—‘‘(A) was not previously subjected to DNA testing and

the applicant did not—‘‘(i) knowingly and voluntarily waive the right to

request DNA testing of that evidence in a court pro-ceeding after the date of enactment of the InnocenceProtection Act of 2004; or

‘‘(ii) knowingly fail to request DNA testing of thatevidence in a prior motion for postconviction DNAtesting; or‘‘(B) was previously subjected to DNA testing and the

applicant is requesting DNA testing using a new methodor technology that is substantially more probative thanthe prior DNA testing.‘‘(4) The specific evidence to be tested is in the possession

of the Government and has been subject to a chain of custodyand retained under conditions sufficient to ensure that suchevidence has not been substituted, contaminated, tamperedwith, replaced, or altered in any respect material to the pro-posed DNA testing.

‘‘(5) The proposed DNA testing is reasonable in scope, usesscientifically sound methods, and is consistent with acceptedforensic practices.

Applicability.



‘‘(6) The applicant identifies a theory of defense that—‘‘(A) is not inconsistent with an affirmative defense

presented at trial; and‘‘(B) would establish the actual innocence of the

applicant of the Federal or State offense referenced inthe applicant’s assertion under paragraph (1).‘‘(7) If the applicant was convicted following a trial, the

identity of the perpetrator was at issue in the trial.‘‘(8) The proposed DNA testing of the specific evidence

may produce new material evidence that would—‘‘(A) support the theory of defense referenced in para-

graph (6); and‘‘(B) raise a reasonable probability that the applicant

did not commit the offense.‘‘(9) The applicant certifies that the applicant will provide

a DNA sample for purposes of comparison.‘‘(10) The motion is made in a timely fashion, subject to

the following conditions:‘‘(A) There shall be a rebuttable presumption of timeli-

ness if the motion is made within 60 months of enactmentof the Justice For All Act of 2004 or within 36 monthsof conviction, whichever comes later. Such presumptionmay be rebutted upon a showing—

‘‘(i) that the applicant’s motion for a DNA testis based solely upon information used in a previouslydenied motion; or

‘‘(ii) of clear and convincing evidence that theapplicant’s filing is done solely to cause delay or harass.‘‘(B) There shall be a rebuttable presumption against

timeliness for any motion not satisfying subparagraph (A)above. Such presumption may be rebutted upon the court’sfinding—

‘‘(i) that the applicant was or is incompetent andsuch incompetence substantially contributed to thedelay in the applicant’s motion for a DNA test;

‘‘(ii) the evidence to be tested is newly discoveredDNA evidence;

‘‘(iii) that the applicant’s motion is not based solelyupon the applicant’s own assertion of innocence and,after considering all relevant facts and circumstancessurrounding the motion, a denial would result in amanifest injustice; or

‘‘(iv) upon good cause shown.‘‘(C) For purposes of this paragraph—

‘‘(i) the term ‘incompetence’ has the meaning asdefined in section 4241 of title 18, United States Code;

‘‘(ii) the term ‘manifest’ means that which isunmistakable, clear, plain, or indisputable and requiresthat the opposite conclusion be clearly evident.

‘‘(b) NOTICE TO THE GOVERNMENT; PRESERVATION ORDER;APPOINTMENT OF COUNSEL.—

‘‘(1) NOTICE.—Upon the receipt of a motion filed undersubsection (a), the court shall—

‘‘(A) notify the Government; and‘‘(B) allow the Government a reasonable time period

to respond to the motion.



‘‘(2) PRESERVATION ORDER.—To the extent necessary tocarry out proceedings under this section, the court shall directthe Government to preserve the specific evidence relating toa motion under subsection (a).

‘‘(3) APPOINTMENT OF COUNSEL.—The court may appointcounsel for an indigent applicant under this section in thesame manner as in a proceeding under section 3006A(a)(2)(B).‘‘(c) TESTING PROCEDURES.—

‘‘(1) IN GENERAL.—The court shall direct that any DNAtesting ordered under this section be carried out by the FederalBureau of Investigation.

‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the courtmay order DNA testing by another qualified laboratory if thecourt makes all necessary orders to ensure the integrity ofthe specific evidence and the reliability of the testing processand test results.

‘‘(3) COSTS.—The costs of any DNA testing ordered underthis section shall be paid—

‘‘(A) by the applicant; or‘‘(B) in the case of an applicant who is indigent, by

the Government.‘‘(d) TIME LIMITATION IN CAPITAL CASES.—In any case in which

the applicant is sentenced to death—‘‘(1) any DNA testing ordered under this section shall be

completed not later than 60 days after the date on whichthe Government responds to the motion filed under subsection(a); and

‘‘(2) not later than 120 days after the date on which theDNA testing ordered under this section is completed, the courtshall order any post-testing procedures under subsection (f)or (g), as appropriate.‘‘(e) REPORTING OF TEST RESULTS.—

‘‘(1) IN GENERAL.—The results of any DNA testing orderedunder this section shall be simultaneously disclosed to thecourt, the applicant, and the Government.

‘‘(2) NDIS.—The Government shall submit any test resultsrelating to the DNA of the applicant to the National DNAIndex System (referred to in this subsection as ‘NDIS’).

‘‘(3) RETENTION OF DNA SAMPLE.—‘‘(A) ENTRY INTO NDIS.—If the DNA test results

obtained under this section are inconclusive or show thatthe applicant was the source of the DNA evidence, theDNA sample of the applicant may be retained in NDIS.

‘‘(B) MATCH WITH OTHER OFFENSE.—If the DNA testresults obtained under this section exclude the applicantas the source of the DNA evidence, and a comparisonof the DNA sample of the applicant results in a matchbetween the DNA sample of the applicant and anotheroffense, the Attorney General shall notify the appropriateagency and preserve the DNA sample of the applicant.

‘‘(C) NO MATCH.—If the DNA test results obtainedunder this section exclude the applicant as the sourceof the DNA evidence, and a comparison of the DNA sampleof the applicant does not result in a match between theDNA sample of the applicant and another offense, theAttorney General shall destroy the DNA sample of theapplicant and ensure that such information is not retained

Deadlines.



in NDIS if there is no other legal authority to retainthe DNA sample of the applicant in NDIS.

‘‘(f) POST-TESTING PROCEDURES; INCONCLUSIVE AND INCULPA-TORY RESULTS.—

‘‘(1) INCONCLUSIVE RESULTS.—If DNA test results obtainedunder this section are inconclusive, the court may order furthertesting, if appropriate, or may deny the applicant relief.

‘‘(2) INCULPATORY RESULTS.—If DNA test results obtainedunder this section show that the applicant was the sourceof the DNA evidence, the court shall—

‘‘(A) deny the applicant relief; and‘‘(B) on motion of the Government—

‘‘(i) make a determination whether the applicant’sassertion of actual innocence was false, and, if thecourt makes such a finding, the court may hold theapplicant in contempt;

‘‘(ii) assess against the applicant the cost of anyDNA testing carried out under this section;

‘‘(iii) forward the finding to the Director of theBureau of Prisons, who, upon receipt of such a finding,may deny, wholly or in part, the good conduct creditauthorized under section 3632 on the basis of thatfinding;

‘‘(iv) if the applicant is subject to the jurisdictionof the United States Parole Commission, forward thefinding to the Commission so that the Commissionmay deny parole on the basis of that finding; and

‘‘(v) if the DNA test results relate to a Stateoffense, forward the finding to any appropriate Stateofficial.

‘‘(3) SENTENCE.—In any prosecution of an applicant underchapter 79 for false assertions or other conduct in proceedingsunder this section, the court, upon conviction of the applicant,shall sentence the applicant to a term of imprisonment ofnot less than 3 years, which shall run consecutively to anyother term of imprisonment the applicant is serving.‘‘(g) POST-TESTING PROCEDURES; MOTION FOR NEW TRIAL OR

RESENTENCING.—‘‘(1) IN GENERAL.—Notwithstanding any law that would

bar a motion under this paragraph as untimely, if DNA testresults obtained under this section exclude the applicant asthe source of the DNA evidence, the applicant may file amotion for a new trial or resentencing, as appropriate. Thecourt shall establish a reasonable schedule for the applicantto file such a motion and for the Government to respond tothe motion.

‘‘(2) STANDARD FOR GRANTING MOTION FOR NEW TRIAL ORRESENTENCING.—The court shall grant the motion of theapplicant for a new trial or resentencing, as appropriate, ifthe DNA test results, when considered with all other evidencein the case (regardless of whether such evidence was introducedat trial), establish by compelling evidence that a new trialwould result in an acquittal of—

‘‘(A) in the case of a motion for a new trial, the Federaloffense for which the applicant is under a sentence ofimprisonment or death; and



‘‘(B) in the case of a motion for resentencing, anotherFederal or State offense, if evidence of such offense wasadmitted during a Federal death sentencing hearing andexoneration of such offense would entitle the applicantto a reduced sentence or a new sentencing proceeding.

‘‘(h) OTHER LAWS UNAFFECTED.—‘‘(1) POST-CONVICTION RELIEF.—Nothing in this section shall

affect the circumstances under which a person may obtainDNA testing or post-conviction relief under any other law.

‘‘(2) HABEAS CORPUS.—Nothing in this section shall providea basis for relief in any Federal habeas corpus proceeding.

‘‘(3) NOT A MOTION UNDER SECTION 2255.—A motion underthis section shall not be considered to be a motion under section2255 for purposes of determining whether the motion or anyother motion is a second or successive motion under section2255.

‘‘§ 3600A. Preservation of biological evidence‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,

the Government shall preserve biological evidence that was securedin the investigation or prosecution of a Federal offense, if a defend-ant is under a sentence of imprisonment for such offense.

‘‘(b) DEFINED TERM.—For purposes of this section, the term‘biological evidence’ means—

‘‘(1) a sexual assault forensic examination kit; or‘‘(2) semen, blood, saliva, hair, skin tissue, or other identi-

fied biological material.‘‘(c) APPLICABILITY.—Subsection (a) shall not apply if—

‘‘(1) a court has denied a request or motion for DNA testingof the biological evidence by the defendant under section 3600,and no appeal is pending;

‘‘(2) the defendant knowingly and voluntarily waived theright to request DNA testing of the biological evidence in acourt proceeding conducted after the date of enactment of theInnocence Protection Act of 2004;

‘‘(3) after a conviction becomes final and the defendanthas exhausted all opportunities for direct review of the convic-tion, the defendant is notified that the biological evidence maybe destroyed and the defendant does not file a motion undersection 3600 within 180 days of receipt of the notice;

‘‘(4)(A) the evidence must be returned to its rightful owner,or is of such a size, bulk, or physical character as to renderretention impracticable; and

‘‘(B) the Government takes reasonable measures to removeand preserve portions of the material evidence sufficient topermit future DNA testing; or

‘‘(5) the biological evidence has already been subjected toDNA testing under section 3600 and the results included thedefendant as the source of such evidence.‘‘(d) OTHER PRESERVATION REQUIREMENT.—Nothing in this sec-

tion shall preempt or supersede any statute, regulation, court order,or other provision of law that may require evidence, includingbiological evidence, to be preserved.

‘‘(e) REGULATIONS.—Not later than 180 days after the dateof enactment of the Innocence Protection Act of 2004, the AttorneyGeneral shall promulgate regulations to implement and enforce

Deadline.



this section, including appropriate disciplinary sanctions to ensurethat employees comply with such regulations.

‘‘(f) CRIMINAL PENALTY.—Whoever knowingly and intentionallydestroys, alters, or tampers with biological evidence that is requiredto be preserved under this section with the intent to prevent thatevidence from being subjected to DNA testing or prevent the produc-tion or use of that evidence in an official proceeding, shall befined under this title, imprisoned for not more than 5 years, orboth.

‘‘(g) HABEAS CORPUS.—Nothing in this section shall providea basis for relief in any Federal habeas corpus proceeding.’’.

(2) CLERICAL AMENDMENT.—The chapter analysis for partII of title 18, United States Code, is amended by insertingafter the item relating to chapter 228 the following:

‘‘228A. Post-conviction DNA testing ............................................................... 3600’’.(b) SYSTEM FOR REPORTING MOTIONS.—

(1) ESTABLISHMENT.—The Attorney General shall establisha system for reporting and tracking motions filed in accordancewith section 3600 of title 18, United States Code.

(2) OPERATION.—In operating the system established underparagraph (1), the Federal courts shall provide to the AttorneyGeneral any requested assistance in operating such a systemand in ensuring the accuracy and completeness of informationincluded in that system.

(3) REPORT.—Not later than 2 years after the date of enact-ment of this Act, the Attorney General shall submit a reportto Congress that contains—

(A) a list of motions filed under section 3600 of title18, United States Code, as added by this title;

(B) whether DNA testing was ordered pursuant tosuch a motion;

(C) whether the applicant obtained relief on the basisof DNA test results; and

(D) whether further proceedings occurred following agranting of relief and the outcome of such proceedings.(4) ADDITIONAL INFORMATION.—The report required to be

submitted under paragraph (3) may include any other informa-tion the Attorney General determines to be relevant inassessing the operation, utility, or costs of section 3600 oftitle 18, United States Code, as added by this title, and anyrecommendations the Attorney General may have relating tofuture legislative action concerning that section.(c) EFFECTIVE DATE; APPLICABILITY.—This section and the

amendments made by this section shall take effect on the dateof enactment of this Act and shall apply with respect to any offensecommitted, and to any judgment of conviction entered, before, on,or after that date of enactment.

SEC. 412. KIRK BLOODSWORTH POST-CONVICTION DNA TESTINGGRANT PROGRAM.

(a) IN GENERAL.—The Attorney General shall establish theKirk Bloodsworth Post-Conviction DNA Testing Grant Program toaward grants to States to help defray the costs of post-convictionDNA testing.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorizedto be appropriated $5,000,000 for each of fiscal years 2005 through2009 to carry out this section.

42 USC 14136e.

18 USC 3600note.

18 USC 3600note.



(c) STATE DEFINED.—For purposes of this section, the term‘‘State’’ means a State of the United States, the District of Columbia,the Commonwealth of Puerto Rico, the United States Virgin Islands,American Samoa, Guam, and the Northern Mariana Islands.

SEC. 413. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATIONOF CLAIMS OF ACTUAL INNOCENCE.

For each of fiscal years 2005 through 2009, all funds appro-priated to carry out sections 303, 305, 308, and 412 shall be reservedfor grants to eligible entities that—

(1) meet the requirements under section 303, 305, 308,or 412, as appropriate; and

(2) demonstrate that the State in which the eligible entityoperates—

(A) provides post-conviction DNA testing of specifiedevidence—

(i) under a State statute enacted before the dateof enactment of this Act (or extended or renewed aftersuch date), to persons convicted after trial and undera sentence of imprisonment or death for a State felonyoffense, in a manner that ensures a reasonable processfor resolving claims of actual innocence; or

(ii) under a State statute enacted after the dateof enactment of this Act, or under a State rule, regula-tion, or practice, to persons under a sentence of impris-onment or death for a State felony offense, in a mannercomparable to section 3600(a) of title 18, United StatesCode (provided that the State statute, rule, regulation,or practice may make post-conviction DNA testingavailable in cases in which such testing is not requiredby such section), and if the results of such testingexclude the applicant, permits the applicant to applyfor post-conviction relief, notwithstanding any provi-sion of law that would otherwise bar such applicationas untimely; and(B) preserves biological evidence secured in relation

to the investigation or prosecution of a State offense—(i) under a State statute or a State or local rule,

regulation, or practice, enacted or adopted before thedate of enactment of this Act (or extended or renewedafter such date), in a manner that ensures that reason-able measures are taken by all jurisdictions withinthe State to preserve such evidence; or

(ii) under a State statute or a State or local rule,regulation, or practice, enacted or adopted after thedate of enactment of this Act, in a manner comparableto section 3600A of title 18, United States Code, if—

(I) all jurisdictions within the State complywith this requirement; and

(II) such jurisdictions may preserve such evi-dence for longer than the period of time that suchevidence would be required to be preserved undersuch section 3600A.

42 USC 14136note.



Subtitle B—Improving the Quality ofRepresentation in State Capital Cases

SEC. 421. CAPITAL REPRESENTATION IMPROVEMENT GRANTS.

(a) IN GENERAL.—The Attorney General shall award grantsto States for the purpose of improving the quality of legal represen-tation provided to indigent defendants in State capital cases.

(b) DEFINED TERM.—In this section, the term ‘‘legal representa-tion’’ means legal counsel and investigative, expert, and other serv-ices necessary for competent representation.

(c) USE OF FUNDS.—Grants awarded under subsection (a)—(1) shall be used to establish, implement, or improve an

effective system for providing competent legal representationto—

(A) indigents charged with an offense subject to capitalpunishment;

(B) indigents who have been sentenced to death andwho seek appellate or collateral relief in State court; and

(C) indigents who have been sentenced to death andwho seek review in the Supreme Court of the United States;and(2) shall not be used to fund, directly or indirectly, represen-

tation in specific capital cases.(d) APPORTIONMENT OF FUNDS.—

(1) IN GENERAL.—Of the funds awarded under subsection(a)—

(A) not less than 75 percent shall be used to carryout the purpose described in subsection (c)(1)(A); and

(B) not more than 25 percent shall be used to carryout the purpose described in subsection (c)(1)(B).(2) WAIVER.—The Attorney General may waive the require-

ment under this subsection for good cause shown.(e) EFFECTIVE SYSTEM.—As used in subsection (c)(1), an effec-

tive system for providing competent legal representation is a systemthat—

(1) invests the responsibility for appointing qualified attor-neys to represent indigents in capital cases—

(A) in a public defender program that relies on staffattorneys, members of the private bar, or both, to providerepresentation in capital cases;

(B) in an entity established by statute or by the highestState court with jurisdiction in criminal cases, which iscomposed of individuals with demonstrated knowledge andexpertise in capital cases, except for individuals currentlyemployed as prosecutors; or

(C) pursuant to a statutory procedure enacted beforethe date of the enactment of this Act under which thetrial judge is required to appoint qualified attorneys froma roster maintained by a State or regional selection com-mittee or similar entity; and(2) requires the program described in paragraph (1)(A),

the entity described in paragraph (1)(B), or an appropriateentity designated pursuant to the statutory procedure describedin paragraph (1)(C), as applicable, to—

(A) establish qualifications for attorneys who may beappointed to represent indigents in capital cases;

42 USC 14163.



(B) establish and maintain a roster of qualified attor-neys;

(C) except in the case of a selection committee orsimilar entity described in paragraph (1)(C), assign 2 attor-neys from the roster to represent an indigent in a capitalcase, or provide the trial judge a list of not more than2 pairs of attorneys from the roster, from which 1 pairshall be assigned, provided that, in any case in whichthe State elects not to seek the death penalty, a courtmay find, subject to any requirement of State law, thata second attorney need not remain assigned to representthe indigent to ensure competent representation;

(D) conduct, sponsor, or approve specialized trainingprograms for attorneys representing defendants in capitalcases;

(E)(i) monitor the performance of attorneys who areappointed and their attendance at training programs; and

‘‘(ii) remove from the roster attorneys who—‘‘(I) fail to deliver effective representation or

engage in unethical conduct;‘‘(II) fail to comply with such requirements as such

program, entity, or selection committee or similarentity may establish regarding participation in trainingprograms; or

‘‘(III) during the past 5 years, have been sanctionedby a bar association or court for ethical misconductrelating to the attorney’s conduct as defense counselin a criminal case in Federal or State court; and(F) ensure funding for the cost of competent legal rep-

resentation by the defense team and outside expertsselected by counsel, who shall be compensated—

(i) in the case of a State that employs a statutoryprocedure described in paragraph (1)(C), in accordancewith the requirements of that statutory procedure; and

(ii) in all other cases, as follows:(I) Attorneys employed by a public defender

program shall be compensated according to asalary scale that is commensurate with the salaryscale of the prosecutor’s office in the jurisdiction.

(II) Appointed attorneys shall be compensatedfor actual time and service, computed on an hourlybasis and at a reasonable hourly rate in lightof the qualifications and experience of the attorneyand the local market for legal representation incases reflecting the complexity and responsibilityof capital cases.

(III) Non-attorney members of the defenseteam, including investigators, mitigation special-ists, and experts, shall be compensated at a ratethat reflects the specialized skills needed by thosewho assist counsel with the litigation of deathpenalty cases.

(IV) Attorney and non-attorney members ofthe defense team shall be reimbursed for reason-able incidental expenses.



SEC. 422. CAPITAL PROSECUTION IMPROVEMENT GRANTS.

(a) IN GENERAL.—The Attorney General shall award grantsto States for the purpose of enhancing the ability of prosecutorsto effectively represent the public in State capital cases.

(b) USE OF FUNDS.—(1) PERMITTED USES.—Grants awarded under subsection

(a) shall be used for one or more of the following:(A) To design and implement training programs for

State and local prosecutors to ensure effective representa-tion in State capital cases.

(B) To develop and implement appropriate standardsand qualifications for State and local prosecutors who liti-gate State capital cases.

(C) To assess the performance of State and localprosecutors who litigate State capital cases, provided thatsuch assessment shall not include participation by theassessor in the trial of any specific capital case.

(D) To identify and implement any potential legalreforms that may be appropriate to minimize the potentialfor error in the trial of capital cases.

(E) To establish a program under which State andlocal prosecutors conduct a systematic review of cases inwhich a death sentence was imposed in order to identifycases in which post-conviction DNA testing may be appro-priate.

(F) To provide support and assistance to the familiesof murder victims.(2) PROHIBITED USE.—Grants awarded under subsection

(a) shall not be used to fund, directly or indirectly, the prosecu-tion of specific capital cases.

SEC. 423. APPLICATIONS.

(a) IN GENERAL.—The Attorney General shall establish aprocess through which a State may apply for a grant under thissubtitle.

(b) APPLICATION.—(1) IN GENERAL.—A State desiring a grant under this sub-

title shall submit an application to the Attorney General atsuch time, in such manner, and containing such informationas the Attorney General may reasonably require.

(2) CONTENTS.—Each application submitted under para-graph (1) shall contain—

(A) a certification by an appropriate officer of the Statethat the State authorizes capital punishment under itslaws and conducts, or will conduct, prosecutions in whichcapital punishment is sought;

(B) a description of the communities to be served bythe grant, including the nature of existing capital defenderservices and capital prosecution programs within suchcommunities;

(C) a long-term statewide strategy and detailedimplementation plan that—

(i) reflects consultation with the judiciary, theorganized bar, and State and local prosecutor anddefender organizations; and

(ii) establishes as a priority improvement in thequality of trial-level representation of indigents

Certification.

Procedures.

42 USC 14163b.

42 USC 14163a.



charged with capital crimes and trial-level prosecutionof capital crimes;(D) in the case of a State that employs a statutory

procedure described in section 421(e)(1)(C), a certificationby an appropriate officer of the State that the State isin substantial compliance with the requirements of theapplicable State statute; and

(E) assurances that Federal funds received under thissubtitle shall be—

(i) used to supplement and not supplant non-Fed-eral funds that would otherwise be available for activi-ties funded under this subtitle; and

(ii) allocated in accordance with section 426(b).

SEC. 424. STATE REPORTS.

(a) IN GENERAL.—Each State receiving funds under this subtitleshall submit an annual report to the Attorney General that—

(1) identifies the activities carried out with such funds;and

(2) explains how each activity complies with the termsand conditions of the grant.(b) CAPITAL REPRESENTATION IMPROVEMENT GRANTS.—With

respect to the funds provided under section 421, a report undersubsection (a) shall include—

(1) an accounting of all amounts expended;(2) an explanation of the means by which the State—

(A) invests the responsibility for identifying andappointing qualified attorneys to represent indigents incapital cases in a program described in section 421(e)(1)(A),an entity described in section 421(e)(1)(B), or a selectioncommittee or similar entity described in section421(e)(1)(C); and

(B) requires such program, entity, or selection com-mittee or similar entity, or other appropriate entity des-ignated pursuant to the statutory procedure described insection 421(e)(1)(C), to—

(i) establish qualifications for attorneys who maybe appointed to represent indigents in capital casesin accordance with section 421(e)(2)(A);

(ii) establish and maintain a roster of qualifiedattorneys in accordance with section 421(e)(2)(B);

(iii) assign attorneys from the roster in accordancewith section 421(e)(2)(C);

(iv) conduct, sponsor, or approve specializedtraining programs for attorneys representing defend-ants in capital cases in accordance with section421(e)(2)(D);

(v) monitor the performance and training programattendance of appointed attorneys, and remove fromthe roster attorneys who fail to deliver effective rep-resentation or fail to comply with such requirementsas such program, entity, or selection committee orsimilar entity may establish regarding participationin training programs, in accordance with section421(e)(2)(E); and

(vi) ensure funding for the cost of competent legalrepresentation by the defense team and outside experts

42 USC 14163c.



selected by counsel, in accordance with section421(e)(2)(F), including a statement setting forth—

(I) if the State employs a public defender pro-gram under section 421(e)(1)(A), the salariesreceived by the attorneys employed by such pro-gram and the salaries received by attorneys inthe prosecutor’s office in the jurisdiction;

(II) if the State employs appointed attorneysunder section 421(e)(1)(B), the hourly fees receivedby such attorneys for actual time and service andthe basis on which the hourly rate was calculated;

(III) the amounts paid to non-attorney mem-bers of the defense team, and the basis on whichsuch amounts were determined; and

(IV) the amounts for which attorney and non-attorney members of the defense team werereimbursed for reasonable incidental expenses;

(3) in the case of a State that employs a statutory proceduredescribed in section 421(e)(1)(C), an assessment of the extentto which the State is in compliance with the requirementsof the applicable State statute; and

(4) a statement confirming that the funds have not beenused to fund representation in specific capital cases or to sup-plant non-Federal funds.(c) CAPITAL PROSECUTION IMPROVEMENT GRANTS.—With respect

to the funds provided under section 422, a report under subsection(a) shall include—

(1) an accounting of all amounts expended;(2) a description of the means by which the State has—

(A) designed and established training programs forState and local prosecutors to ensure effective representa-tion in State capital cases in accordance with section422(b)(1)(A);

(B) developed and implemented appropriate standardsand qualifications for State and local prosecutors who liti-gate State capital cases in accordance with section422(b)(1)(B);

(C) assessed the performance of State and localprosecutors who litigate State capital cases in accordancewith section 422(b)(1)(C);

(D) identified and implemented any potential legalreforms that may be appropriate to minimize the potentialfor error in the trial of capital cases in accordance withsection 422(b)(1)(D);

(E) established a program under which State and localprosecutors conduct a systematic review of cases in whicha death sentence was imposed in order to identify casesin which post-conviction DNA testing may be appropriatein accordance with section 422(b)(1)(E); and

(F) provided support and assistance to the familiesof murder victims; and(3) a statement confirming that the funds have not been

used to fund the prosecution of specific capital cases or tosupplant non-Federal funds.(d) PUBLIC DISCLOSURE OF ANNUAL STATE REPORTS.—The

annual reports to the Attorney General submitted by any Stateunder this section shall be made available to the public.



SEC. 425. EVALUATIONS BY INSPECTOR GENERAL AND ADMINISTRA-TIVE REMEDIES.

(a) EVALUATION BY INSPECTOR GENERAL.—(1) IN GENERAL.—As soon as practicable after the end of

the first fiscal year for which a State receives funds undera grant made under this subtitle, the Inspector General ofthe Department of Justice (in this section referred to as the‘‘Inspector General’’) shall—

(A) submit to the Committee on the Judiciary of theHouse of Representatives and the Committee on theJudiciary of the Senate a report evaluating the complianceby the State with the terms and conditions of the grant;and

(B) if the Inspector General concludes that the Stateis not in compliance with the terms and conditions ofthe grant, specify any deficiencies and make recommenda-tions to the Attorney General for corrective action.(2) PRIORITY.—In conducting evaluations under this sub-

section, the Inspector General shall give priority to States thatthe Inspector General determines, based on information sub-mitted by the State and other comments provided by any otherperson, to be at the highest risk of noncompliance.

(3) DETERMINATION FOR STATUTORY PROCEDURE STATES.—For each State that employs a statutory procedure describedin section 421(e)(1)(C), the Inspector General shall submit tothe Committee on the Judiciary of the House of Representativesand the Committee on the Judiciary of the Senate, not laterthan the end of the first fiscal year for which such Statereceives funds, a determination as to whether the State isin substantial compliance with the requirements of theapplicable State statute.

(4) COMMENTS FROM PUBLIC.—The Inspector General shallreceive and consider comments from any member of the publicregarding any State’s compliance with the terms and conditionsof a grant made under this subtitle. To facilitate the receiptof such comments, the Inspector General shall maintain onits website a form that any member of the public may submit,either electronically or otherwise, providing comments. TheInspector General shall give appropriate consideration to allsuch public comments in reviewing reports submitted undersection 424 or in establishing the priority for conducting evalua-tions under this section.(b) ADMINISTRATIVE REVIEW.—

(1) COMMENT.—Upon the submission of a report undersubsection (a)(1) or a determination under subsection (a)(3),the Attorney General shall provide the State with an oppor-tunity to comment regarding the findings and conclusions ofthe report or the determination.

(2) CORRECTIVE ACTION PLAN.—If the Attorney General,after reviewing a report under subsection (a)(1) or a determina-tion under subsection (a)(3), determines that a State is notin compliance with the terms and conditions of the grant,the Attorney General shall consult with the appropriate Stateauthorities to enter into a plan for corrective action. If theState does not agree to a plan for corrective action that hasbeen approved by the Attorney General within 90 days afterthe submission of the report under subsection (a)(1) or the

Deadline.

Deadline.

Reports.

42 USC 14163d.



determination under subsection (a)(3), the Attorney Generalshall, within 30 days, issue guidance to the State regardingcorrective action to bring the State into compliance.

(3) REPORT TO CONGRESS.—Not later than 90 days afterthe earlier of the implementation of a corrective action planor the issuance of guidance under paragraph (2), the AttorneyGeneral shall submit a report to the Committee on the Judiciaryof the House of Representatives and the Committee on theJudiciary of the Senate as to whether the State has takencorrective action and is in compliance with the terms andconditions of the grant.(c) PENALTIES FOR NONCOMPLIANCE.—If the State fails to take

the prescribed corrective action under subsection (b) and is notin compliance with the terms and conditions of the grant, theAttorney General shall discontinue all further funding under sec-tions 421 and 422 and require the State to return the funds grantedunder such sections for that fiscal year. Nothing in this paragraphshall prevent a State which has been subject to penalties for non-compliance from reapplying for a grant under this subtitle inanother fiscal year.

(d) PERIODIC REPORTS.—During the grant period, the InspectorGeneral shall periodically review the compliance of each State withthe terms and conditions of the grant.

(e) ADMINISTRATIVE COSTS.—Not less than 2.5 percent of thefunds appropriated to carry out this subtitle for each of fiscalyears 2005 through 2009 shall be made available to the InspectorGeneral for purposes of carrying out this section. Such sums shallremain available until expended.

(f) SPECIAL RULE FOR ‘‘STATUTORY PROCEDURE’’ STATES NOTIN SUBSTANTIAL COMPLIANCE WITH STATUTORY PROCEDURES.—

(1) IN GENERAL.—In the case of a State that employs astatutory procedure described in section 421(e)(1)(C), if theInspector General submits a determination under subsection(a)(3) that the State is not in substantial compliance withthe requirements of the applicable State statute, then for theperiod beginning with the date on which that determinationwas submitted and ending on the date on which the InspectorGeneral determines that the State is in substantial compliancewith the requirements of that statute, the funds awarded underthis subtitle shall be allocated solely for the uses describedin section 421.

(2) RULE OF CONSTRUCTION.—The requirements of this sub-section apply in addition to, and not instead of, the otherrequirements of this section.

SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION FOR GRANTS.—There are authorized to beappropriated $75,000,000 for each of fiscal years 2005 through2009 to carry out this subtitle.

(b) RESTRICTION ON USE OF FUNDS TO ENSURE EQUAL ALLOCA-TION.—Each State receiving a grant under this subtitle shall allo-cate the funds equally between the uses described in section 421and the uses described in section 422, except as provided in section425(f).

42 USC 14163e.



LEGISLATIVE HISTORY—H.R. 5107 (H.R. 3214):HOUSE REPORTS: No. 108–711 (Comm. on the Judiciary).SENATE REPORTS: No. 108–321, Pt. 1 (Comm. on the Judiciary).CONGRESSIONAL RECORD, Vol. 150 (2004):

Oct. 6, considered and passed House.Oct. 9, considered and passed Senate.

Æ

Subtitle C—Compensation for theWrongfully Convicted

SEC. 431. INCREASED COMPENSATION IN FEDERAL CASES FOR THEWRONGFULLY CONVICTED.

Section 2513(e) of title 28, United States Code, is amendedby striking ‘‘exceed the sum of $5,000’’ and inserting ‘‘exceed$100,000 for each 12-month period of incarceration for any plaintiffwho was unjustly sentenced to death and $50,000 for each 12-month period of incarceration for any other plaintiff’’.SEC. 432. SENSE OF CONGRESS REGARDING COMPENSATION IN STATE

DEATH PENALTY CASES.

It is the sense of Congress that States should provide reason-able compensation to any person found to have been unjustly con-victed of an offense against the State and sentenced to death.

Approved October 30, 2004.


justice for all act of 2004 · public law 108–405—oct. 30, 2004 118 stat. 2263 new trial. a...

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